Jury will decide whether Flatoff understood wrongfulness of conduct

Public defender Ben Szilagyi, right, listens Friday during the fifth day of Brian T. Flatoff's trial in Winnebago County Circuit Court in Oshkosh. Flatoff, left, had been representing himself until he asked for an attorney on Thursday.(Photo: Danny Damiani/USA TODAY NETWORK-Wisconsin)Buy Photo

OSHKOSH - Now that Brian T. Flatoff has been convicted of 14 felony crimes arising from a 2015 deadly standoff in Neenah, his trial enters the mental competency phase.

At issue is whether Flatoff, 48, suffered from a mental disease or defect at the time of his offenses, and, if so, whether that prevented him from appreciating the wrongfulness of his actions.

Testimony in the mental competency phase of the trial is scheduled to begin Monday morning in Winnebago County Circuit Court. The same jury that convicted Flatoff on Friday will determine his fate on the competency issue.

The burden of proof, however, shifts from the prosecution to the defense.

"I no longer have the burden," Deputy District Attorney Scott Ceman said. "I can't really say for sure what the defense is going to bring. This will start off with their case."

During the first phase of the trial, Flatoff reserved the right to recall at least two witnesses during the so-called insanity phase. He was serving as his own attorney at the time. He now is represented by public defender Ben Szilagyi.

The case could go to the jury Monday. The verdict will determine whether Flatoff serves time in a prison or in a mental health institution operated by the state.

Flatoff took hostages at gunpoint and shot at police officers during the Dec. 5, 2015, standoff at Eagle Nation Cycles. The incident led to the Neenah police shooting death of hostage Michael L. Funk after he escaped from the building armed with a handgun.

On Friday the jury found Flatoff guilty of two counts of attempted first-degree intentional homicide, conspiracy to commit first-degree intentional homicide, taking hostages, false imprisonment, felony murder, failure to comply with an officer's attempt to take a person into custody, possession of a firearm by a felon, and six counts of felony bail jumping.

The charges carry a maximum penalty of 296½ years in prison.

Flatoff pleaded not guilty, and not guilty by reason of mental disease or defect to the charges.

When jurors begin deliberations this week, they will be asked, "At the time the crime was committed, did the defendant have a mental disease or defect?”

If they answer “yes,” they will be asked, “As a result of the mental disease or defect, did the defendant lack substantial capacity either to appreciate the wrongfulness of the conduct or to conform that conduct to the requirements of law?"

Trial recap

A Jury convicted Brian T. Flatoff of 14 criminal charges, including felony murder for causing the death of hostage Michael L. Funk during a 2015 standoff at Eagle Nation Cycles in Neenah.

During closing arguments, Deputy District Attorney Scott Ceman portrayed Flatoff as a man intent on killing.

Public defender Ben Szilagyi conceded to the jury that Flatoff was guilty of 12 of the 14 charges. He disputed that Flatoff was responsible for the conspiracy-to-kill and felony murder charges.

The jury saw surveillance video of Flatoff's actions inside Eagle Nation Cycles, including him taking hostages and engaging in a gunfight with police.

Flatoff represented himself during the first three days of the trial. He asked for an attorney after the prosecution rested its case.

Judge John Jorgensen ordered Szilagyi to take over Flatoff's defense. Szilagyi, who previously had been fired by Flatoff, was serving as standby counsel by court order.